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201803579 <br /> sequestered and such decree shall have continued undischarged and unstayed for 90 days after the <br /> entry thereof, then the whole of the Note and indebtedness hereby secured shall, without notice, at <br /> the option of the Beneficiary,become due and payable. <br /> FIFTH. Upon default by Trustor in the payment of or performance of the terms and <br /> conditions of the Note, or any renewals, modifications or executions thereof, the payment of any <br /> other indebtedness secured hereby or in the performance of any agreement, covenant or warranty <br /> herein contained or set forth in any agreement or instrument executed by Trustor in connection with <br /> the indebtedness hereby secured, Beneficiary may declare all sums secured hereby immediately due <br /> and payable and the same shall thereupon become due and payable without presentment, demand, <br /> protest or notice of any kind. Thereafter,Beneficiary may deliver to Trustee a written declaration of <br /> default and demand for sale. Trustee shall have the power of sale of the Property and if Beneficiary <br /> decides the Property is to be sold, it shall deposit with Trustee this Deed of Trust and the Note or <br /> notes and any other documents evidencing expenditures secured hereby, and shall deliver to Trustee <br /> a written notice of default and election to cause the Property to be sold, and Trustee, in turn, shall <br /> prepare a similar notice in the form required by law,which shall be duly filed for record by Trustee. <br /> (a) After the lapse of such time as may be required by law following the recordation of Notice <br /> of Default, and notice of Default and Notice of Sale having been given as required by law, <br /> Trustee, without demand on Trustor, shall sell the Property hereinbefore described, and any <br /> and every part thereof, in separate parcels or en masse as the Trustee may elect and in such <br /> order as Trustee may determine on the date and at the time and place designated in said <br /> Notice of Sale, at public auction to the highest bidder, the purchase price payable in cash in <br /> lawful money of the United States at the time of sale. The person conducting the sale may, <br /> for any cause he or she deems expedient, postpone the sale from time to time until it shall <br /> be completed and, in every such case, notice of postponement shall be given by public <br /> declaration thereof by such person at the time and place last appointed for the sale; <br /> provided, if the sale is postponed for longer than one (1) day beyond the day designated in <br /> the Notice of Sale,notice thereof shall be given in the same manner as the original Notice of <br /> sale. Trustee shall execute and deliver to the purchaser its Deed conveying the property so <br /> sold,but without any covenant or warranty, express or implied. The recitals in the Deed of <br /> any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, <br /> including without limitation, Beneficiary or Trustee may purchase at the sale. Said sale <br /> shall be conducted at the real estate forming a part of the Property or at the court house in <br /> the county in which the Property to be sold,or some part thereof,is situated. <br /> (b) When Trustee sells pursuant to the powers herein, Trustee shall apply the proceeds of the <br /> sale to payment of the costs and expenses of exercising the power of sale and of the sale, <br /> including, without limitation, the payment of Trustee's fees incurred, which Trustee's fees <br /> shall not in the aggregate exceed the sum of Five Hundred and no/100th Dollars ($500.00) <br /> plus 1/2 of 1% of the amount secured hereby and remaining unpaid and then to the items set <br /> forth in subparagraph(c)of this paragraph FIFTH in the order therein stated. <br /> (c) After paying the items specified in subparagraph (b) of this paragraph FIFTH, if the sale is <br /> by Trustee, or the proper court and other costs of foreclosure and sale if sale is pursuant to <br /> judicial foreclosure, the proceeds of sale shall be applied in the order stated below to the <br /> payment: <br /> (1) Cost of any evidence of title procured in connection with such sale and of any <br /> revenue required to be paid; <br />